Dear All,
I have a query to make. Please guide me in the matter. Two employees of a certain public sector enterprise were offended by a certain circular of the PSE. They filed civil writ petition in the high court with prayer to quash the impugned circular and sought stay to it at preliminary hearing. Fearing the Hon’ble court may entertain their prayer on the basis of two orders of the Hon’ble Supreme Court, we intervened in the WP as Respondents no. 4 to 11, first three being the concerned PSE, parent ministry & the Union of India. Our stand is that the impugned Circular may be made optional, not compulsory. We succeeded in getting the stay vacated but the PSE is not implementing its own circular on the ground that there are no clear words “Stay Vacated” in the relevant High Court order. The PSE is simply keeping quite. We filed CMA in the High Court u/s 152 for clarification to help the PSE; but the Hon’ble dismissed it saying their order is clear and no clarification is necessary. My query is – can we file contempt petition again Respondents No.2 for not accepting stay vacation order of the Hon’ble High Court and implementing its own Circular despite vacation of stay seven months ago? We Respondents No.4 to 11.
Thanks in advance.
Sincerely,
Shyam Agrawal
